Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you have been handed an employment contract with clauses restricting what you can do after you leave, or you are already out the door and wondering what actually binds you, this page is for you. Post-termination restrictions sit in a strange corner of employment law: they can look intimidating on the page, but courts in England and Wales will only enforce them where the employer can show a genuine business reason and where the restriction goes no further than is reasonable.
Confidentiality obligations work on slightly different principles again. Below, I walk through how these clauses typically operate, what the courts look for when deciding whether to enforce them, and the practical questions worth asking before you sign or before you take a job with a competitor.
Overview
A non-compete clause is a contractual promise that, for a set period after your employment ends, you will not work for a competitor, set up a rival business, or otherwise compete with your former employer. It sits alongside other post-termination restrictions such as non-solicitation clauses (which stop you approaching clients or staff) and non-dealing clauses (which go further and prevent you accepting business from former clients, even if they approach you).
A confidentiality clause is different in character. It protects information rather than activity, and it typically continues indefinitely for genuine trade secrets while applying for a shorter window to less sensitive confidential material. The starting point in English law is that restrictions on trade are void unless the employer can justify them as protecting a legitimate business interest, such as client relationships, trade secrets, or a stable workforce.
Even then, the restriction must go no further than is reasonable in scope, geography, and duration. This is why two identical clauses can be enforceable against a senior director but unenforceable against a junior employee.
Key steps
Identify what the clause is actually trying to stop. Read the wording closely and work out whether it prevents you competing generally, approaching specific clients, poaching colleagues, or disclosing information. Each type is treated differently by the courts and has its own test for reasonableness. A clause that bundles everything together is often more vulnerable to challenge than one that is precisely drafted.
Check the duration against your role. Non-compete periods in UK contracts commonly run from three to twelve months, though shorter periods are more likely to be upheld. Courts ask whether the length is genuinely needed to protect the employer's interests. A twelve-month restriction on a junior employee with no client contact is far harder to defend than the same restriction on a senior salesperson with deep customer relationships.
Look at the geographical reach. A non-compete that covers 'the United Kingdom' might be reasonable for a national sales director but absurd for a regional technician. The area should match where you actually worked and where the employer's business interests could realistically be damaged. Global or open-ended geographical restrictions are frequently struck down.
Consider what legitimate interest is being protected. Employers can protect trade secrets, confidential information, client connections, and workforce stability. They cannot use restrictive covenants simply to stop ordinary competition or to punish a departing employee. If you cannot see what genuine interest the clause protects, that is a strong sign it may not be enforceable.
Think about what you signed and when. Restrictions introduced mid-employment without fresh consideration (something of value given in return) can be harder to enforce. Restrictions buried in a contract you signed years ago, before you were promoted, may no longer fit your current role. Timing and context matter when a court decides whether to uphold the wording.
They can be, but only where the employer can show the restriction protects a legitimate business interest and goes no further than reasonably necessary. Courts in England and Wales start from the position that restraints on trade are void, and it is for the employer to justify each element: the activities restricted, the geographical area, and the duration. Vague or overly broad clauses are regularly struck down.
Q How long can a non-compete clause last?
There is no fixed statutory limit, but in practice shorter periods are more defensible. Many enforceable non-compete clauses run for three to six months, with twelve months being towards the upper end and usually reserved for senior roles. The government has consulted on capping non-compete clauses at three months, though as of now no such cap has been brought into force.
Q Can my employer stop me working for a competitor straight away?
Only if you have a valid, enforceable non-compete clause in your contract. Without one, you are generally free to take work with a competitor once your employment and any notice period ends. Even with a clause, the employer would need to show a court that the restriction is reasonable and genuinely needed to protect their interests before getting an injunction.
Q What happens if I breach a confidentiality clause?
The employer can seek an injunction to stop further disclosure and may claim damages for losses caused by the breach. For genuine trade secrets, the duty of confidentiality can continue indefinitely, even without a written clause, under the common law. Less sensitive information is usually protected only during employment and for a limited period afterwards.
Q Does garden leave count towards the non-compete period?
It depends on the wording of your contract. Many well-drafted clauses expressly credit any period spent on garden leave against the non-compete period, so the total time you are kept out of the market does not become excessive. If the contract is silent, a court may reduce the enforceable period to reflect time already spent away from the business.
Q Can a non-compete clause be enforced if I was made redundant?
Possibly, but courts are often less sympathetic to employers seeking to enforce restrictions against someone they chose to let go. The clause still has to meet the usual tests of reasonableness. In some cases, a repudiatory breach by the employer (such as unlawful dismissal) can release the employee from post-termination restrictions entirely.
Q What is the difference between a non-compete and a non-solicitation clause?
A non-compete stops you working for, or setting up, a competing business. A non-solicitation clause is narrower: it stops you approaching specific clients, customers, or colleagues of your former employer. Non-solicitation clauses are generally easier to enforce because they target a defined harm, whereas non-competes restrict a broader range of lawful activity.
Restrictive covenants and confidentiality clauses rarely mean exactly what they look like on first reading, and the enforceability often turns on details specific to your role and situation. An experienced legal adviser can help you think through what the wording might mean for you, based on what you describe on the call.
✓Plain-English answers to your specific questions about the clause
✓Practical perspective on how restrictions like yours are typically treated
✓A clearer sense of what to watch out for in your circumstances
✓Guidance tailored to what you describe about your role and contract
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
